"Apology" is still not the same than "incentive".
It's the second that can have an impact that differ depending on the person and its, hmm... Let's call it "mental vulnerability". But apology is something radically different that do not address the possible effect, just the initial intent as it is perceived.
Of course, no incest game are made in order to actually make the apology of incest; at least I hope. But the lack of consequences for the "bad actions", and the reward you get when doing them, make it looks like it. And starting to establish a list of topics that should be excluded from the notion of apology isn't a viable solution, because it would be opening a really dangerous Pandora box. Today it will be incest, tomorrow it will be what? After all, loli games too aren't an apology... most of the time
(see below).
The same limits apply to the fictional nature of the content. Making a game where you are rewarded for each person wearing a yellow star that you'll kill would be obviously seen as anti-Semitic. But would the game really be better is you replace the yellow star by a red diamond? It would become a pure fiction, since no group of individual, nor community, is associated to this symbol, but anyone with a bit of common sense would understand what is implied behind this.
It's sad, but there's few cases like this where you can't make exceptions, or try to write the law more finely, without opening the gate for those who are waiting nothing else than a way to legally express their own hate or deep deprivation. For the last one, I'm talking about the harmful ones, thinking about loli games devs like
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, who, among other charges, owned real life p*d*shit content and was recording what happened in few neighbours' bedroom, or, worse,
pers0nas, who sexually assaulted too many underage girls.
Obviously, they are the exception. But it's this exception that make the rule looks more than necessary in the eyes of the world. As member of this community we know better, but as long as people like those twos exist and can hide behind their fiction to gather attention from people like them, building connections and opening more opportunities for themselves and others, what should we do? Turn our sigh and act as if they where the only two? Endure the repression? Find a way to actively fight them?
The first one is a big no for me. The third one, I contributed to it in the past, and feel like nothing changed. The second one? I don't really like it more than anyone else, but it's the least worse I can think about...